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What is Medical Malpractice?

Medical malpractice, or medical negligence, is the third leading cause of death in the United States. It occurs when a health care provider departs from the “standard of care” for a reasonably careful physician in his/her field under similar circumstances and the patient is injured as a result. What we mean by “standard of care” is the generally accepted set of treatment guidelines that other similarly qualified physicians would perform under similar circumstances. Basically, if a physician did something other physicians would not do and this results in an injury to the patient, you may have a medical negligence claim.

It is important to note that experiencing a bad outcome from a medical treatment does not necessarily mean you were a victim of medical malpractice. It is also important to know that medical malpractice doesn’t only occur during surgeries. You can be a victim of medical malpractice other ways. Misdiagnosis, prescribing the wrong medication, and other incidents can be considered medical malpractice if it caused injury to the patient. For example, a dermatologist fails to detect skin cancer (melanoma) only to have it diagnosed years later when it is life threatening.

If you feel you or someone you know may be the victim of medical malpractice or negligence, contact an experienced medical malpractice attorney like here at ESR Law Group. We will review your case in great detail to determine if you have a claim and should pursue a lawsuit for damages. In Illinois there is no cap on the amount of compensatory damages you may receive.

Remember that in the State of Illinois the statute of limitations for filing a medical malpractice claim is generally within two years of the date the injury was discovered. The statute of limitations for minors differs. If you are under the age of 18 when the medical negligence occurred, you have up to 8 years to file a claim but must do so before you turn 22 years of age. It is a good idea to contact an attorney as soon as you feel you have experienced medical negligence.

Contact us at ESR Law Group today for a free consultation. We represent clients in personal injury, medical malpractice, and workers’ compensation cases. #KnowYourRights


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